R. v. Runnalls
The Court held that the Ontario Review Board's disposition responded appropriately to the alternative section requested by the appellant, was supported by the evidence and did not contain an error warranting appellate intervention; accordingly the appeal was dismissed and the Board's disposition upheld, with an...
Source-derived case information.
- Citation
- C43581
- Parties
- Applicant: Nelson Shaun Runnalls; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 September 2005
- Procedural Posture
- Criminal / Appeal to Court of Appeal From Ontario Review Board Judgment Dated October 8, 2004
- Outcome
- Appeal dismissed; Ontario Review Board disposition upheld
- Legal Topics
- Review Board Disposition, Appeal, Conditional Discharge, Annual Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Shaun Runnalls
Applicant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal to Court of Appeal From Ontario Review Board Judgment Dated October 8, 2004
Legal Issues
- 1 Whether the Ontario Review Board's disposition was appropriate and supported by the evidence
- 2 Whether the appellant's refusal to cooperate with certain conditions undermined the Board's disposition
- 3 Whether the Board should consider a conditional discharge in the community at the next annual review
Ratio Decidendi
The Court held that the Ontario Review Board's disposition responded appropriately to the alternative section requested by the appellant, was supported by the evidence and did not contain an error warranting appellate intervention; accordingly the appeal was dismissed and the Board's disposition upheld, with an expectation that the Board will consider all relevant dispositions, including conditional discharge, at the next annual review.
Court Disposition
Appeal dismissed; Ontario Review Board disposition upheld
Orders
- Appeal dismissed
- No change to the Board's disposition
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Runnalls Collection Decisions of the Court of Appeal Date 2005-09-14 Docket numbers C43581 Judges Weiler, Karen Merle Magnuson; Blair, Robert Ashley; LaForme, Harry Smith Subject Criminal Decision Content DATE: 20050914 DOCKET: C43581 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – NELSON SHAUN RUNNALLS (Applicant) BEFORE: WEILER, BLAIR and LAFORME JJ.A. COUNSEL: Nelson Shaun Runnalls for himself for the appellant Michael Davies, Amicus Curiae Grace Choi for the respondent HEARD & ENDORSED: September 8, 2005 On appeal from the judgment of the Ontario Review Board dated October 8, 2004. APPEAL BOOK ENDORSEMENT [1] The Board’s disposition responded to the alternative section requested by the appellant and was appropriate at the time. We note, however, that although the appellant has since refused to co-operate with some of the conditions originally requested, such as a further assessment of his closed head injury, he has been an exemplary patient in terms of his conduct in the structured setting of the hospital. We see no error in the Board’s disposition. It is supported by the evidence. We expect the Board will consider all relevant dispositions, including, if appropriate, a conditional discharge in the community at the time of his next annual review, which, we are told, is scheduled for October 13, 2005. The appeal is therefore dismissed.